This form is a sample memorandum by the plaintiff in support of plaintiff's motion for summary judgment on the issue of liability in a case involving an automobile accident.
Indiana Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability
State:
Multi-State
Control #:
US-PI-0053
Format:
Word;
Rich Text
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How to fill out Memorandum Of Law In Support Of Motion For Partial Summary Judgment On The Issue Of Liability?
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(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.
A summary judgment is considered very difficult to win, and lawyers mostly use it as a scare tactic. However, it can be extremely beneficial. If the party moving the summary judgment wins, the case is thrown out. The most important thing in winning summary judgments is hiring competent lawyers.
In some instances, the evidence presented in a claim is enough to allow for summary judgment. In a prima facie case, the facts established are sufficient enough to prove that the defendant's actions support the plaintiff's claims of injury.
If the defendant moves to summary judgment, the burden of proof moves from the plaintiff to the defendant. Rather than the plaintiff proving that they were injured, the defendant must prove that the plaintiff can't obtain evidence at all.
Although the law is clear that only admissible evidence may be considered on summary judgment, that does not mean that the material must be presented in a form that would be admissible at trial. Affidavits and declarations are the classic examples.
76. Rule 76 - Change of venue (A) In civil actions where the venue may be changed from the county, such change of venue from the county may be had only upon the filing of a verified motion specifically stating the grounds therefor by the party requesting the change.
No judgment rendered on the motion shall be reversed on the ground that there is a genuine issue of material fact unless the material fact and the evidence relevant thereto shall have been specifically designated to the trial court.
Aguilar instructs that a party moving for summary judgment bears "an initial burden of production to make a prima facie showing that no triable issue of material fact exists." If that burden is met, the burden shifts to the opposing party to produce sufficient evidence to make a prima facie showing of a triable issue ...